Kendrick Dwayne Walker v. State ( 2019 )

Motion Denied and Dissent to Order filed March 5, 2019.
In the
Fourteenth Court of Appeals
NO. 14-18-00601-CR
KENDRICK DWAYNE WALKER, Appellant
v.
THE STATE OF TEXAS, Appellee
On Appeal from the 208th District Court
Harris County, Texas
Trial Court Cause No. 1540170
DISSENT TO DENIAL OF MOTION TO ABATE THE APPEAL AND
REMAND THE CASE FOR A HEARING ON APPELLANT’S MOTION
FOR NEW TRIAL
Because appellant’s motion for new trial raises issues which are not
determinable from the record, I would grant appellant’s motion to abate the appeal
and remand the case to the trial court for a hearing on appellant’s motion for new
trial so that appellant has meaningful appellate review. See Smith v. State, 286
S.W.3d 333, 338 (Tex. Crim. App. 2009); Hemphill v. State, No. 14-13-00395-CR,
2015 WL 1456338, at *5–*10 (Tex. App.—Houston [14th Dist.] Mar. 26, 2015, no
pet.) (mem. op., not designated for publication).
Accordingly, I dissent from the denial of appellant’s motion to abate the
appeal and remand the case to the trial court for a hearing on appellant’s motion for
new trial.
/s/ Charles A. Spain
Justice
Panel consists of Chief Justice Frost and Justices Jewell and Spain (J. Spain,
dissenting).
Publish — Tex. R. App. P. 47.2(b).
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